Jinggoy expecting bail after Ombudsman drops stronger charge

By AMITA O. LEGASPI, GMA News

Published June 27, 2014 1:22pm

The Ombudsman's withdrawal of its bid to strengthen its criminal information against Senator Jinggoy Estrada has raised the level of optimism in the camps of the lawmaker accused of plunder and of the alleged pork barrel scam mastermind Janet Lim Napoles.

Lawyer Alexis Abastillas-Suarez indicated that there was now a better chance for the Sandiganbayan Fifth Division to grant Estrada's petition for bail.

Estrada is facing plunder and graft charges in connection with the alleged pork barrel scam, where he supposedly pocketed P183.7 million in government funds.

"Mas malaki yung case na yung evidence against him is weak. Hopeful kami sa petition for bail," Suarez told reporters after the hearing.

Prosecutors on Friday withdrew their motion to amend the information for the plunder and graft charges against Estrada after justices warned them that the senator could be released if the amendments were allowed.

"For us defective kasi sa original information, hindi nakadiin diretso yung participation ni Senator Estrada," Suarez said.

A report on GMA News "24 Oras" said Sandiganbayan Justice Alexander Gesmundo during the hearing questioned the prosecutor's move to change their allegation of "conspiracy" among the parties in the alleged scam to "collaboration," saying the two were "distinct concepts" under the law.

One of the prosecutors said the case against Estrada and his co-accused including Napoles remained strong but the defense lawyers think otherwise.

"In conspiracy kasi the act of one is the act of all. In collaboration kasi iba yung participation ng kada tao," Suarez said.

Napoles case

A lawyer for Napoles was even more hopeful, as he expects the plunder case against her as co-accused of Estrada to be dismissed on Monday.

"Sa Monday pag na-arraign na siya at lalabanan natin yung malabong information, madi-dismiss natin ang kaso. Naniniwala akong walang plunder," Napoles' lawyer Stephen David said.

The "24 Oras" report said David told the court that Napoles' camp was already withdrawing its motion to dismiss the case against her so that her arraignment for plunder in the Estrada case may already proceed on Monday.

"Hinawakan ko yung kaso, pinag-aralan ko. Naniniwala ako na walang plunder. Kaya malakas yung loob kong magpa-arraign," David told reporters after the hearing.

"Nakakahiya sa Sandiganbayan na nagfile kayo ng malabong information tapos nag-issue ang court ng warrant of arrest, tapos sasabihin ng prosecution na malabo pala yung pinayl na kaso," David said.

David said there was no element of plunder if it was the private individual that amassed ill-gotten wealth, as stated in the original information.

Napoles' defense is anchored on the fact that plunder may only be committed by a government functionary and that she was a private individual.

On the allegation that she acted in cahoots with public officials, and therefore, should be liable for plunder, David said in an earlier court proceeding: "The purpose of a private individual accused in a plunder case is to help a public official acquire ill gotten wealth of up to P50M. There must be a showing that the money went back to the public officer, and there was none."

Second plunder case

Estrada filed his motion for bail hours after he surrendered last Monday.

This is the second time Estrada was charged with plunder. In 2001, he was charged as co-accused in the plunder case of his father, ousted President Joseph Estrada.

Back then, the Sandiganbayan granted Estrada's motion for bail and he was ordered to post P500,000 for his temporary liberty.

He has since been acquitted while his father was found guilty beyond reasonable doubt. Ex-President Estrada, however, was pardoned by then-President Gloria Macapagal-Arroyo. —NB, GMA News

Tags: bantaykaban, sandiganbayan, jinggoyestrada